Introduced by Senators Rose, Fair and Leatherman

COMMITTEE REPORT

January 27, 2011

S.172

S. Printed 1/27/11--S.

Read the first time January 11, 2011.

THE COMMITTEE ON EDUCATION

To whom was referred a Bill (S.172) to amend Article 2, Chapter 101, Title 59 of the 1976 Code, relating to public institutions of higher learning, by adding Section 59101670 to provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 2, by striking lines 3-40 and inserting:

/complete record of all funds expended, from whatever source for whatever purpose. The register must be prominently posted on the institution’s Internet website and made available for public viewing and downloading.

(1)(a)The register must include for each expenditure:

(i)the transaction amount;

(ii)the name of the payee;

(iii)the identification number of the transaction; and

(iv)a description of the expenditure, including the source of funds, a category title, and an object title for the expenditure.

(b)The register must include all reimbursements for expenses, but must not include an entry for salary, wages, or other compensation paid to individual employees.

(c)The register must not include a social security number.

(d)The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.

(e)At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.

(f)This section does not require the posting of any information that is not required to be disclosed under Chapter 4, Title 30.

(2)The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.

(B)Each public institution of higher learning shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual institution, that posts on its Internet website the institution’s monthly state procurement card statements or monthly reports containing all or substantially all of the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the institution can be found. The information posted may not contain the state procurement card number.

(C)Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.

(D)In the event any public institution of higher learning has a question or issue relating to technical aspects of complying with the requirements of this section or the disclosure of public information under this section, it shall consult with the Comptroller General’s Office, which may provide guidance to the public institution.” /

Amend the bill further, as and if amended, page 3, by striking line 18 and inserting:

/SECTION3.This act takes effect upon approval by the Governor, and public institutions of higher learning to which this act applies shall have one year from the effective date of this act to comply with its requirements. /

Renumber sections to conform.

Amend title to conform.

JOHN E. COURSON for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs anticipated, but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs anticipated, but can be absorbed)

EXPLANATION OF IMPACT:

Section 1

Based on the colleges’ and universities’ responses to a Commission on Higher Education (CHE) survey, insitutions would incur minimal nonrecurring costs to develop collection and processing mechanisms. CHE also indicates minimal on-going recurring costs to provide and maintain the information on-line and to respond to information requests as a result of the postings. It is anticipated that all associated costs incurred would be absorbed within the existing budgets.

Section 2

Based on a previous sampling of state agencies concerning these provisions and requirements this section it is expected to have a minimal impact on state agencies.

Approved By:

Harry Bell

Office of State Budget

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A BILL

TO AMEND ARTICLE 2, CHAPTER 101, TITLE 59 OF THE 1976 CODE, RELATING TO PUBLIC INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59101670 TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST MAINTAIN A DETAILED TRANSACTION REGISTER OF ALL FUNDS EXPENDED EACH MONTH AND POST THAT REGISTER ONLINE, AND TO PROVIDE THAT EACH PUBLIC INSTITUTION OF HIGHER LEARNING MUST POST ONLINE ALL OF ITS CREDIT CARD STATEMENTS AND THE CREDIT CARD STATEMENTS FOR CREDIT CARDS ISSUED TO PUBLIC OFFICIALS AND EMPLOYEES FOR PUBLIC USE; AND TO AMEND ARTICLE 15, CHAPTER 1, TITLE 1, RELATING TO REPORTING OF EXPENDITURES OF STATE APPROPRIATED FUNDS BY STATE AGENCIES, PERSONAL DATA AND THE LIKE, BY ADDING SECTION 111040 TO PROVIDE THAT ALL STATE AGENCIES MUST HAVE A LINK ON THEIR INTERNET WEBSITE TO THE STATE AGENCY RESPONSIBLE FOR POSTING ON ITS INTERNET WEBSITE THE AGENCY’S, DEPARTMENT’S, OR INSTITUTION’S MONTHLY STATE PROCUREMENT CARD STATEMENTS OR MONTHLY REPORTS CONTAINING ALL OR SUBSTANTIALLY ALL THE SAME INFORMATION CONTAINED IN THE MONTHLY STATE PROCUREMENT CARD STATEMENTS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Article 2, Chapter 101, Title 59 of the 1976 Code is amended by adding:

“Section 59101670.(A)Each public institution of higher learning shall maintain a transaction register that includes a complete record of all funds expended over one hundred dollars, from whatever source for whatever purpose. The register must be prominently posted on the institution’s Internet website and made available for public viewing and downloading.

(1)(a)The register must include for each expenditure:

(i)the transaction amount;

(ii)the name of the payee;

(iii)the identification number of the transaction; and

(iv)a description of the expenditure, including the source of funds, a category title, and an object title for the expenditure.

(b)The register must include all reimbursements for expenses, but must not include an entry for salary, wages, or other compensation paid to individual employees.

(c)The register must not include a social security number.

(d)The register must be accompanied by a complete explanation of any codes or acronyms used to identify a payee or an expenditure.

(e)At the option of the public institution, the register may exclude any information that can be used to identify an individual employee or student.

(2)The register must be searchable and updated at least once a month. Each monthly register must be maintained on the Internet website for at least three years.

(C)Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.”

SECTION2.Article 15, Chapter 1, Title 1 of the 1976 Code is amended by adding:

“Section 111040.All agencies, departments, and institutions of state government shall be responsible for providing on its Internet website a link to the Internet website of any agency, other than the individual agency, department, or institution, that posts on its Internet website that agency’s, department’s, or institution’s monthly state procurement card statements or monthly reports containing all or substantially all the same information contained in the monthly state procurement card statements. The link must be to the specific webpage or section on the website of the agency where the state procurement card information for the state agency, department, or institution can be found. The information posted may not contain the state procurement card number. Any information that is expressly prohibited from public disclosure by federal or state law or regulation must be redacted from any posting required by this section.”

SECTION3.This act takes effect June 30, 2011.

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